FOR IMMEDIATE RELEASE: News Media Contact:
September 19, 2001 David Fiske: (202) 418-0513
E-mail: dfiske@fcc.gov
FCC DENIES BLANKET EXTENSION FOR PACKET-MODE COMMUNICATIONS,
TEMPORARILY SUSPENDS CALEA "PUNCH LIST" DEADLINE
Washington, DC - The Federal Communications Commission adopted an Order in the
Communications Assistance for Law Enforcement Act of 1994 ("CALEA") proceeding that denies in part
and grants in part the relief requested by the Cellular Telecommunications & Internet Association ("CTIA").
The Order denies CTIA's request for a blanket extension of the September 30, 2001 compliance deadline
for all wireline, cellular, and broadband Personal Communications Services ("PCS") carriers to implement a
packet-mode communications electronic surveillance capability mandated by the August 1999 Third Report
and Order ("Third R&O") in this proceeding. However, given the imminence of the packet-mode
compliance deadline, the FCC grants these carriers until November 19, 2001 to either come into compliance
or seek individual relief. The Order also temporarily suspends the September 30, 2001 compliance date for
these carriers to implement two Department of Justice /Federal Bureau of Investigation "punch list" electronic
surveillance capabilities mandated by the Third R&O in this proceeding.
The FCC stated it found no need to extend the September 30, 2001 compliance deadline for packet-
mode communications in the blanket manner requested by CTIA. The FCC found that implementation of
this capability is unrelated to the implementation of the punch list capabilities, and that only a small
percentage of telecommunications carriers use packet-mode technology. Nonetheless, the FCC decided,
due to the imminence of the September 30, 2001 deadline, to give carriers a brief period of time to
upgrade their systems to incorporate the packet-mode capability or to avail themselves of established
petition procedures under section 107 of CALEA for individual relief. The Common Carrier and Wireless
Telecommunications Bureaus will soon release a public notice explaining the petition procedures.
The FCC noted that the United States Court of Appeals for the D.C. Circuit ("Court") vacated and
remanded those portions of the Third R&O pertaining to four challenged punch list items, and stated that
there is broad agreement among industry and law enforcement to suspend the September 30, 2001
compliance deadline for two unchallenged punch list capabilities, pending final action by the FCC on
what punch list capabilities will be required. The FCC stated that it agrees with the majority of
commenters that retaining the current deadline for two of the punch list capabilities prior to determining
the disposition of the four punch list capabilities vacated by the Court could result in major inefficiencies
for carriers. The FCC intends to establish a new compliance date for all required punch list capabilities that
will allow all carriers to be fully CALEA-compliant no later than June 30, 2002.
Action by the Commission September 18, 2001, by Order (FCC 01-265). Chairman Powell,
Commissioners Abernathy, Copps and Martin.
Staff contact: Rodney Small or Geraldine Matise, OET at (202) 418-2452 or (202) 418-2322,
respectively; e-mail: rsmall@fcc.gov or gmatise@fcc.gov
CC Docket No. 97-213
- FCC -
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Federal Communications Commission
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Washington, D. C. 20554
This is an unofficial announcement of Commission action. Release of the full text of a Commission order
constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).